DEMOCRATIC REPUBLIC OF CONGO
IN THE MATTER OF THE CONTRACTS ACT, ACT NO. 7 OF 2010
AND
IN THE MATTER OF A COLLATERAL MANAGEMENT AGREEMENT
BETWEEN
SOCETE ECO HOLDINGS LIMITED
AND
PWI GENERAL TRADING L.L.C
COLLATERAL MANAGEMENT AGREEMENT
This agreement is made this 22ND day of February 2025
BETWEEN
SOCETE ECO HOLDINGS LIMITED , of AV. IKELEMBA N’87 IMM.
ACCOUMPLISSEMENT DIVIN 1ER ÉTAGE Q/KATANGA C/KASA- VUBU
KINSHASA, Represented by MS. TSHIMANGA NATHALIE (Hereinafter referred
to as the 1st Party) which expression shall where the context so admits include
her legal representatives, assignees and successors in title, of the one part.
AND
PWI GENERAL TRADING L.L.C of ABU DHABI U.A.E, Represented by ELAINE
ZHOU (Hereinafter referred to as the 2nd Party) which expression shall where the
context so admits include her legal representatives, assignees and successors in
title, of the other part.
The 1st and 2nd Parties are collectively hereinafter referred to as the “PARTIES”.
RECITALS:
WHEREAS
1. The Parties executed a sales and purchase agreement for 1000Metric ton
of Copper cathode purity at a purchase at an agreed price of USD 3,300
per metric ton for shipment to China via zambia;
2. The 2nd party is desirous of advancing a sum of USD 200,000 (United
States Dollars Two Hundred Thousand only) to the 1st party to cater for
royalties and logistics;
3. The parties agree that in lieu of the above funds, collateral of 8kgs of gold
shall be availed by the 1st party and the parties are desirous of securing a
safe keeping place for specific commodities (8KG OF GOLD) which the
parties hereto now seek to secure with this collateral agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH:
1. That the 2nd party advances to the 1st party USD 200,000 (United States
Dollars two Hundred Thousand only) to cater for the Royalties and
logistics of 1,000 Metric ton of Copper cathode to China via Zambia.
2. That the parties hereby agree that as security/collateral for the above funds,
the 1st party hands over 8kg of gold which shall be tested and secured by
an appointed advocate.
3. That the parties agree that the advocate shall act as a neutral keeper of the
8kg of gold until the intended transaction between the parties is concluded.
4. That the parties hereby confirm that the commodity they seek to secure the
safe keeping is gold and that the same has been tested, confirmed and
sealed in their presence.
5. The Parties hereby agree that the Advocate shall release the collateral to
both parties. However, in the event of any failure to perform by the 1st party,
the 2nd party shall be entitled to the collateral and the 2nd party shall take
possession of the same from the Advocate.
6. That the parties hereto are in agreement that once the transaction is
successfully concluded, the advocate shall release the consignment to the
1st party.
7. That without prejudice to the terms contained herein above; the parties
hereto agree that this collateral agreement shall continue to be in force until
the goods are delivered to China by the 1st party.
8. No party shall be at fault if an act of Gold leads to destruction of the
consignment.
9. This Agreement shall become effective on the date hereof and shall continue
in force until delivery of the goods to china via zambia or unless terminated
by mutual written agreement of both Parties.
IN WITNESS WHEREOF the Parties hereto have set their hands the day and
year first above written.
SIGNED for and on behalf of
(SOCETE ECO HOLDINGS LIMITED) by
the said:
TSHIMANGA NATHALIE __________________
1st PARTY
Signed for and on behalf of (PWI GENERAL TRADING L.L.C) by
the said;
ELAINE ZHOU __________________
2nd PARTY
IN THE PRESENCE OF
____________________
(ADVOCATE)
